A INCONSTITUCIONALIDADE DA INVESTIGAÇÃO CRIMINAL REALIZADA PELO MINISTÉRIO PÚBLICO

Abstract

This scientific article aims to study the constitutionality or not of the role of the Public Prosecutor's Office as a direct performer of criminal investigation. It begins with a brief contextualization on the participation of criminality throughout history and the social mechanisms created to suppress it, as well as an introduction to the treatment of the subject in Brazil. Afterwards, there is a reflection on the opposition and balance between the State's monopoly of power and individual rights. The comparison between the investigative and inquisitorial systems, the procedural and constitutional guarantees and the relationship between these themes is analyzed. The Brazilian criminal investigation and the constitutional attributions of the police and the Public Ministry are addressed. Then, a reflection is made on the unconstitutionality of the Public Ministry's role as investigator and the consequences of such action. The work is developed using the historical method, the comparative method and the bibliographic research technique.